Intentional Injury

This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Kasten Yaralama Suçu: Ceza ve Tazminat Hakları.

Intentional injury is governed by arts. 86 ff. of the Criminal Code and covers any act causing physical pain, impairing health or affecting the body. It arises in everyday situations — a fight, a roadside argument, a family dispute — and for the victim it can found both a prosecution and a claim for damages.

Below: the basic and aggravated forms, the complaint periods, the right to damages, and the conciliation mechanism.

Basic and Aggravated Forms

• Simple intentional injury (TCK art. 86/1). Any act causing pain to the body, or impairing health or the capacity to perceive. It requires a complaint; without one there can be no prosecution.
• Aggravated intentional injury (TCK art. 87). Where the injury has serious consequences the penalty rises substantially — loss of a sense or organ, permanent change to speech or the face, causing a pregnant woman to miscarry. Where death results, the penalty is heavier still.
• Injury with a weapon. Using a firearm or a cutting or piercing implement is an aggravating circumstance.
• Injury by more than one person. Committing the offence jointly is also an aggravating circumstance.
• Injury to a public official. Attacks on police officers, teachers or healthcare workers in the course of their duties are separately aggravated.
• Domestic violence (TCK art. 86/3). Injury to a spouse, child or member of the same household is prosecuted of the authorities' own motion even in its simple form, and carries a heavier penalty.

"A person who causes pain to another's body, or impairs their health or capacity to perceive, is punished for intentional injury."

TCK art. 86/1

The Complaint Period

• Simple intentional injury. The victim must complain within six months of learning of the act and the offender. The period is a forfeiture period; once it passes, no prosecution is possible.
• Aggravated intentional injury. Where there is serious bodily harm, death or domestic violence, the offence is prosecuted of the authorities' own motion; no complaint is required.
• Preserving evidence. Going to hospital immediately and obtaining a forensic medical report is critical. It records the nature and severity of the injury and any marks of an implement. A report obtained later carries far less weight.

The Victim's Right to Damages

A civil claim can be brought entirely independently of the prosecution. Even where the criminal court acquits, damages may still be recovered, because the standard of proof in civil proceedings is different.

• Pecuniary damages. Treatment and hospital costs, medication and care, loss of earnings from temporary or permanent incapacity, and the cost of care during recovery.
• Non-pecuniary damages for the pain, suffering and psychological trauma. The severity and permanence of the injury and its effect on the victim govern the amount.
• Serious bodily harm. Loss of a limb, permanent disability or significant facial scarring increase the award substantially, and the amount is calculated on expert evidence.
• Limitation. Two years from learning of the loss and the offender, and ten years from the act in any event.

Conciliation

Simple intentional injury (TCK arts. 86/1 and 86/2) is among the offences subject to conciliation, which offers the parties an alternative route.

• It is compulsory. Before drafting an indictment the prosecutor must refer the parties to the conciliation office. Omitting that stage is a procedural error.
• The process. An independent conciliator meets each party separately and seeks common ground. The parties are not obliged to accept.
• If conciliation is reached, the prosecution is dismissed; on payment of the agreed sum, a decision not to prosecute is given.
• If it is not, a record of failure is issued and the case returns to the ordinary process; the prosecutor drafts an indictment and the trial begins.

Frequently Asked Questions

How long do I have to complain?

Six months from learning of the act and the offender, for simple intentional injury. Aggravated forms and domestic violence are prosecuted without a complaint.

Can I claim damages as well?

Yes, in a separate civil action. It is independent of the prosecution, and damages may be recovered even after an acquittal.

What is the limitation period for damages?

Two years from learning of the loss and the offender, and ten years from the act in any event.

Is conciliation compulsory?

For simple intentional injury, yes. If conciliation is reached the prosecution is dismissed; if not, the case proceeds.

Why does the forensic report matter so much?

It records the nature and severity of the injury at the time. Reports obtained later carry far less evidential weight.